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The Equality Act 2010 (Statutory Duties) (Wales) Regulations 2011

Type Welsh-Statutory-Instrument

Publication 2011-04-03

State In force

Jurisdiction Wales

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

articles Not indexed

Reform history JSON API PDF

Made: 3 April 2011

Coming into force in accordance with regulation 1(2)

The Welsh Ministers, in exercise of these powers, make the following Regulations:

Title, commencement and application

1

(1) The title of these Regulations is the Equality Act 2010 (Statutory Duties) (Wales) Regulations 2011.

(2) These Regulations come into force on 6 April 2011.

Interpretation

2

In these Regulations—

“authority” (“awdurdod”) means an authority specified in Part 2 of Schedule 19 to the Equality Act 2010 and “authorities” (“awdurdodau”) is to be construed accordingly;

“employment” (“cyflogaeth”), “employees” (“cyflogeion”) and “persons employed” (“personau a gyflogir”) are to be construed in accordance with section 83 of the Equality Act 2010;

“gender pay difference” (“gwahaniaeth cyflog rhwng y rhywiau”) means any difference between the pay of—a woman and a man; orwomen and men,who are employed by an authority and where either the first or second condition is met.

The first condition is that the difference is for a reason that is related to the protected characteristic of sex.

The second condition is that it appears to the authority to be reasonably likely that the difference is for a reason that is related to the protected characteristic of sex;

“the general duty” (“y ddyletswydd gyffredinol”) means the duty in section 149(1) of the Equality Act 2010;

“gender pay equality objective” (“amcan cyflog cyfartal rhwng y rhywiau”) means an equality objective—that relates to the need to address the causes of any gender pay difference; andwhich the authority has published;

“relevant date” (“dyddiad perthnasol”) means 31 March;

“relevant information” (“gwybodaeth berthnasol”) means information that relates to compliance (or otherwise) by the authority with the general duty; and

“reporting period” (“cyfnod adrodd”) means the period 1 April to 31 March except in relation to the reporting period ending 31 March 2012 in which case “reporting period” means the period 6 April 2011 to 31 March 2012.

Equality objectives

3

(1) An authority must publish objectives that are designed to enable it to better perform the general duty.

(2) The authority must also—

(a) publish a statement setting out—

(i) the steps that it has taken or intends to take in order to fulfil each objective; and

(ii) how long the authority expects it will take in order to fulfil each objective;

(b) make such arrangements as it considers appropriate for monitoring the progress that it makes and the effectiveness of the steps that it takes in order to fulfil its equality objectives.

Preparation and review etc. of equality objectives

4

(1) When considering what its equality objectives should be and when designing any equality objective (or any revision to such an objective) the authority must—

(a) comply with the engagement provisions (see regulation 5); and

(b) have due regard to relevant information that it holds.

(2) An authority must comply with regulation 3(1) by publishing equality objectives—

(a) not later than 2 April 2012; and

(b) subsequently as it considers appropriate.

(3) An authority must review each of its equality objectives—

(a) not later than the end of the period of four years beginning with the date that the objective was first published; and

(b) subsequently at intervals not later than the end of the period of four years beginning with the date of the last review of the objective.

(4) An authority may carry out a review of any of its equality objectives at any other time.

(5) An authority may revise or remake an equality objective at any time.

(6) If an authority revises an objective without remaking it then the authority must, as soon as possible after making the revision, publish the revision or the objective as revised (as it considers appropriate).

(7) If an authority does any of the things referred to in paragraph (5) it must either amend the statement published by it under regulation 3(2) or publish a new statement.

Engagement provisions

5

(1) The provisions in paragraph (2) are referred to in these Regulations as “the engagement provisions”.

(2) Where any provision of these Regulations requires an authority to comply with the engagement provisions in carrying out any activity (see for example regulation 4(1)(a)), compliance with those provisions means that in carrying out that activity the authority—

(a) must involve such persons as the authority considers—

(i) represent the interests of persons who share one or more of the protected characteristics; and

(ii) have an interest in the way that the authority carries out its functions;

(b) may involve such other persons as the authority considers appropriate;

(3) In reaching a decision under paragraph (2)(b) or (c) the authority must have regard to the need to involve or consult (as the case may be), so far as is reasonably practicable to do so, persons who—

(a) share one or more of the protected characteristics; and

(b) have an interest in the way that the authority carries out its functions.

Accessibility of published information

6

(1) This regulation applies to any document or information that an authority is required by these Regulations to publish.

(2) The authority must take all reasonable steps to ensure that the document or information is accessible by persons who share one or more protected characteristics.

Arrangements for collection etc. of information about compliance with the general duty

7

(1) An authority must make such arrangements as it considers appropriate to ensure that, from time to time, it—

(a) identifies relevant information that it holds;

(b) identifies and collects relevant information that it does not hold; and

Impact and monitoring of policies and practices

8

(1) An authority must make such arrangements as it considers appropriate for—

(a) assessing the likely impact of its proposed policies and practices on its ability to comply with the general duty;

(b) assessing the impact of any—

(i) policy or practice that the authority has decided to review,

(ii) revision that the authority proposes to make to a policy or practice,

on its ability to comply with that duty;

(d) publishing reports in respect of any assessment that—

(i) is referred to in sub-paragraph (a) or (b); and

(ii) shows that the impact or likely impact (as the case may be) on the authority’s ability to comply with that duty is substantial.

(2) Reports under paragraph (1)(d) must set out, in particular—

(a) the purpose of—

(i) the proposed policy or practice;

(ii) the policy or practice; or

(iii) the proposed revision to a policy or practice,

that has been assessed;

(b) a summary of the steps that the authority has taken to carry out the assessment;

(d) the results of the assessment; and

(e) any decisions taken by the authority in relation to those results.

(3) When carrying out an assessment referred to in paragraph (1)(a) or (b) the authority must—

(a) comply with the engagement provisions; and

(b) have due regard to relevant information that it holds.

Training and collection of employment information

9

(1) An authority must, in each year, collect the following information—

(a) the number of persons employed by the authority at the relevant date in that year;

(b) the number of persons employed by the authority at that date broken down by—

(i) job;

(ii) grade but only where an authority operates a grade system in respect of its employees;

(iii) pay;

(iv) contract type (including, but not limited to permanent and fixed-term contracts); and

(v) working pattern (including, but not limited to full-time, part-time and other flexible working arrangements).

(i) persons who have applied for employment with the authority (excluding persons already employed by the authority);

(ii) the authority’s employees who have changed position within the authority including the number who applied to change position and the number who were successful (or otherwise) in their application;

(iii) the authority’s employees who have applied for training and the number who were successful (or otherwise) in their application;

(iv) the authority’s employees who completed the training;

(v) the authority’s employees who were or are involved in grievance procedures by reason of either being the person who made an accusation against another or being the person against whom an accusation was made;

(vi) the authority’s employees who were or are the subject of disciplinary proceedings; and

(vii) the authority’s employees who left the employment of the authority.

(2) In paragraph (1) (other than paragraph (1)(b)) any reference to the number of persons or employees includes, in respect of each protected characteristic, the numbers who share the protected characteristic.

(3) In paragraph (1)(b) the reference to the number of persons employed includes, in respect of the protected characteristic of sex, the number who are women and the number who are men.

(4) The authority must publish the information it has collected in accordance with paragraphs (1), (2) and (3).

(5) Nothing in this regulation is to be relied upon by an authority so as to require any person to whom this paragraph applies to provide information to the authority.

(6) Paragraph (5) applies to—

(a) any employee of the authority; and

(b) any person who applies for employment with the authority.

10

An authority must make such arrangements as it considers appropriate for—

(a) promoting amongst its employees knowledge and understanding of the general duty and the duties in these Regulations; and

(b) for using its performance assessment procedures (if any) to identify and address the training needs of its employees in relation to those duties.

Pay and action plans

11

(1) An authority must, when considering what its equality objectives should be, have due regard to the need to have equality objectives that address the causes of any differences between the pay of any person or persons employed by the authority (“P”) who (as the case may be)—

(a) has a protected characteristic;

(b) share a protected characteristic,

and those who do not where either the first or second condition is met.

12

(1) An authority must publish an action plan setting out—

(a) any policy of the authority that relates to the need to address the causes of any gender pay difference;

(b) any gender pay equality objective published by it;

(c) any revision to a gender pay equality objective or any revised gender pay equality objective it is required to publish in accordance with regulation 4(6);

(d) information it is required to publish in accordance with regulation 3(2)(a) in respect of any gender pay equality objective;

(e) any reasons it is required to publish in accordance with regulation 11(3).

(2) If, in respect of a gender pay equality objective, an authority does any of the things referred to in regulation 4(5) it must either amend the action plan published by it or publish a new action plan.

Review etc. of arrangements

13

(1) An authority must keep the arrangements to which this regulation applies under review.

(2) An authority may, at any time, revise or remake the arrangements to which this regulation applies.

(3) This regulation applies to arrangements that the authority has made to comply with—

(i) regulation 3(2)(b);

(ii) regulation 7(1);

(iii) regulation 8(1); and

(iv) regulation 10.

Strategic Equality Plans

14

(1) Not later than 2 April 2012, an authority must make a Strategic Equality Plan (SEP).

(2) The SEP must contain a statement setting out—

(a) a description of the authority;

(b) the authority’s equality objectives;

(i) the steps that the authority has taken or intends to take in order to fulfil the objective; and

(ii) how long the authority expects it will take in order to fulfil the objective;

(d) the arrangements that it has made or intends to make to comply with—

(i) regulation 3(2)(b);

(ii) regulation 7(1);

(iii) regulation 8(1);

(iv) regulation 10, and

(e) the authority’s action plan referred to in regulation 12.

(3) The SEP may contain such other matters that are relevant to compliance with the general duty as the authority considers appropriate.

(4) The authority may revise or remake its SEP at any time.

Preparation, publication and review of SEPs

15

(1) In making, remaking or revising a SEP the authority must—

(a) comply with the engagement provisions; and

(b) have due regard to relevant information that it holds.

(2) An authority must publish its SEP as soon as possible after the SEP is made or remade.

(3) If an authority revises its SEP without remaking it then the authority must, as soon as possible after making the revisions, publish the revisions or the SEP as revised (as it considers appropriate).

(4) An authority may comply with the duty to publish its SEP by setting out the SEP as part of another published document or within a number of other published documents.

For the purpose of this paragraph “SEP” includes any revisions to the SEP.

(5) The authority must keep under review—

(a) its SEP; and

(b) any revisions made to the SEP.

(6) In complying with the duty in paragraph (5) the authority must have due regard to—

(i) relevant information that it holds; and

(ii) any other information that the authority considers would be likely to assist it in the review.

Reports by authorities on compliance with the general duty

16

(1) An authority must, in respect of each reporting period, publish a report not later than the relevant date in the year following the year in which that reporting period ends.

(2) The report must set out—

(a) the steps that the authority has taken to identify and collect relevant information;

(b) in respect of relevant information that it holds, how the authority has used that information for the purpose of complying with the general duty and the duties in these Regulations;

(d) the progress that the authority has made in order to fulfil each of its equality objectives;

(e) a statement by the authority of the effectiveness of—

(i) its arrangements for identifying and collecting relevant information; and

(ii) the steps it has taken in order to fulfil each of its equality objectives; and

(f) the information that the authority is required to publish by regulation 9(4) unless the authority has already published that information.

(3) The authority may, if it considers it appropriate to do so, include in a report any other matter that is relevant to compliance by the authority with the general duty and the duties in these Regulations.

(4) The authority may comply with the duty to publish a report under paragraph (1) by setting out its report (including any matter referred to in paragraph (3)) as part of another published document or within a number of other published documents.

Reports by Welsh Ministers on compliance with the general duty etc. by authorities

17

(1) The Welsh Ministers must, in accordance with paragraph (2), publish reports that set out an overview of the progress made by authorities towards compliance by those authorities with the general duty.

(2) Reports under paragraph (1) must—

(a) be published—

(i) not later than 31 December 2014; and

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